


The People versus Smith and Wesson

by Kizmet



Category: Marvel Cinematic Universe, The Avengers (Marvel Movies)
Genre: And Team!Cap are idiots for not seeing it, Civil War Team Iron Man, Gen, Not Wanda Friendly, Post-Captain America: Civil War (Movie), She's a Lunatic, Tony Stark did not kill Wanda's Parents, wanda maximoff has issues
Language: English
Status: Completed
Published: 2018-01-13
Updated: 2018-01-13
Packaged: 2019-03-04 03:38:35
Rating: General Audiences
Warnings: No Archive Warnings Apply
Chapters: 1
Words: 1,320
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/13355706
Author URL: https://archiveofourown.org/users/Kizmet/pseuds/Kizmet
Summary: Your Honor, ladies and gentlemen of the jury: the defendants have been charged with the murder of Mr. Parrish Maxim.  The evidence will clearly show that a gun manufactured by Messrs Smith and Wesson was found lying next to the body of the deceased.





	The People versus Smith and Wesson

**Author's Note:**

> Because it is very annoying to see the Maximoff's justification for becoming terrorists treated as anything but irrational bullshit.

The screen in front of the Avengers showed a rather bland looking courtroom. 

Everyone stood while the Judge entered from her chambers. The bailiff announced “This honorable court of the 13th Judicial Circuit with the  
Honorable Judge Morris is now in session. All rise.”

Looking very serious the Judge began to speak. “Members of the jury, your duty today will be to determine whether the defendant is guilty or not guilty based only on facts and evidence provided in this case. The prosecution has the burden of proving the guilt of the defendant beyond a reasonable doubt. This burden remains on the prosecution through the trial. The prosecution must prove that a crime was committed and that the defendant is the person who committed the crime. However, if you are not satisfied of the defendant’s guilt to that extent, then reasonable doubt exists and the defendant must be found not guilty. 

“Mr. Radcliff, what is today’s case?”

The bailiff glanced over his docket, “Your Honor, today’s case is the People versus Messrs Smith and Wesson.”  
“Is the prosecution ready?” Judge Morris asked.

“Yes, Your Honor.” 

“Is the defense ready?”

“Yes, Your Honor.”

Once the jury was sworn in the District Attorney stood up to make her opening statement. “Your Honor, ladies and gentlemen of the jury: the defendants have been charged with the murder of Mr. Parrish Maxim. The evidence will clearly show that a gun manufactured by Messrs Smith and Wesson was found lying next to the body of the deceased. Further the evidence will show that the bullet which ended Mr. Maxim’s life was fired by said gun. The evidence I present will prove to you that the defendants manufactured the weapon that killed Mr. Maxim and thus are guilty as charged. The State requests the maximum penalty allowable by law due to the utterly heinous nature of this crime.”

The video stopped and the nondescript individual who been assigned to moderate the discussion stepped forward. “Your thoughts?” he asked.

Tony’s shoulders drew in for a moment, as if expecting a blow, before he caught himself and leaned back in his chair with an uncaring expression pasted on. 

Wanda, a vindicated look settling over her features started to speak only to be interrupted by Scott Lang. “Where’s the guy who pulled the trigger?” he asked. “I mean, isn’t that who you normally charge with a murder? But they don’t even mention him. They’re all acting like the gun just walked up to that guy and fired itself.” 

“Good question,” the moderator said. “Mr. Barton, you’re a world renowned sniper. When you fire a weapon is it the manufacturer of that weapon that kills a person or you?”

Clint rolled his eyes, “The gun doesn’t matter, I could make a kill shots using a straightened paper clip that most people wouldn’t be able to make with a laser scope. When I pull the trigger where the bullet ends up is my responsibility.”

The moderator nodded, “Anyone else? Colonel Rhodes, Captain Rogers, Mr. Wilson, Ms. Romanov, Sgt. Barnes, you’ve all used or been trained to use guns at various times in your past or current professions.”

“I’ve got issues with assholes who make human weapons,” Bucky said with a shrug, “But I carry a gun and I wouldn’t be half as useful in the field without it. I ain’t interested in crucifying the guys who arm me because we live in a world where weapons exist.” 

Spider-Man raised his hand and waited for the mediator’s nod. “I lost someone to a mugger,” he said. “I don’t care who made the gun he used. I only care about his choice to fire it… And about why he wasn’t stopped sooner,” he added in a pained whisper. 

“Back at S.H.I.E.L.D., did you ever hear the Cavalry’s reason for not carrying guns?” Natasha asked Clint. He smirked and the rest of the group looked curious. “She’d say if she needed one, she’d take one… Meaning off whoever she was fighting. Obviously the person who made the gun had no means of controlling her ability to take it from the people who were using it.” 

“That’s why I think the safest hands are our own,” Steve said. “Things like guns, military force in general is all too easily misdirected.”

“Captain, am I correct in assuming that you are asserting that the Super Soldier Serum is more easily controlled?” Vision asked.

Steve nodded. “That’s why I had to be the one to deal with the Winter Core,” Steve said. “I couldn’t risk the serum used to create them falling into the hands of someone like Ross. Or any government hands really.”

“You left the bodies of the five Enhanced soldiers and HYDRA’s files on them behind when you fled with Sgt. Barnes,” Vision pointed out. “You distributed S.H.I.E.L.D.’s information on the Serum, both the variant that Howard Stark and his wife were murdered for as well as the variant of Dr. Banner’s work that was used to create the Abomination, to the entire world when you and Ms. Romanov released S.H.I.E.L.D.’s files.”

“That doesn’t mean we shouldn’t try,” Steve protested.

“Except when you can’t be bothered to figure out what you’re sharing before you post it on youtube,” Tony muttered and Steve frowned disapprovingly at him.

“Many human societies also attempt to control guns,” Vision said. “You appear to deem their efforts hopelessly inadequate. But how much more effective have efforts to control the fruits of various Super Soldier Serums been? 

“Dr Erksine‘s serum was initially used to empower the Red Skull. The good doctor escaped to the United States and attempted to rebalance the scales through Project Rebirth. However the information he left behind was enough for HYDRA to create the variant running in Sgt. Barnes’ veins. As I alluded earlier, Howard Stark also attempted to recreate the formula only to have his results stolen from him. Thaddeus Ross, with only limited knowledge of Dr. Erskine’s research was able to manipulate Dr. Banner’s research to create yet another strain of the serum. And despite Dr. Banner’s best efforts we know of at least two other individuals variants from his research have been used on. There is Adrian Killian’s Extremis, an unrelated attempt at creating super soldiers, and the Centipede project that built on data stolen from him.” Vision nodded toward Spider-Man, “It is likely that young Mr. Spider-Man’s powers are the result of a yet unidentified brush with another parallel effort to create Enhanced humans. Ms. Maximoff and her brother were empowered even another attempt by HYRDA to create super soldiers. And of course we cannot forget the Kree’s ancient super soldier program which resulted in the Inhuman race… The factors which are needed to activate their powers were released into the environment to impact random individuals several years ago. 

"However Captain Rogers, I will duly note your efforts to prevent the formula that was used on the Winter Core from falling into unscrupulous hands."

"Except they already got it off the web after S.H.I.E.L.D. data dump," Spidey snarked. 

“We don’t know the context for that video,” Sam argued. “It could be some sort of mock trial to protest the proliferation of guns.”

“If that were the case, they wouldn’t have singled out ONE hand manufacture and they would have been calling for more regulation of guns not demanding the judge throw the book at Smith and Wesson. If anything it was mocking those who blame guns instead of the people pulling the trigger,” Rhodes said. Then he smirked. “In case you missed it, this little object lesson wasn’t aimed Tony’s past as a Defense Contract. It was an illustration of just how ridiculous Maximoff’s grudge against him is. And how ridiculous you all are for treating it like a legitimate grievance.”

**Author's Note:**

> While fandom leans toward the belief that the bombs that killed Wanda and Pietro’s parents were fired by terrorists the MCU apparently did not consider it important to give ANY indication of who pulled the trigger. Even if it was terrorists, two bombs to kill an unremarkable family? Let’s face it: The Maximoff’s were collateral damage.


End file.
